Govind Mathur, J. - (1.) On the ground of change of user, bonafide necessity and default in payment of rent, the petitioner preferred an application as per provisions of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001' hereinafter) before the Rent Appellate Tribunal, Chittorgarh seeking revision and recovery of rent and also eviction of the tenant (respondent No.3) from the rent premises. The Rent Tribunal by the judgment dated 28.4.2009, while negativating the grounds of bonafide necessity and default in payment of rent, accepted the application on the ground of change of user. A direction, thus, was given to the tenant for eviction of the rented premises and to handover vacant possession of that to the landlord, within a period of six months. A necessary certificate in the terms of the directions given was also issued.
(2.) To question, correctness and validity of the judgment passed by the Tribunal, the tenant preferred an appeal before the Rent Appellate Tribunal. A cross appeal was also filed by the petitioner. The contention of the petitioner in cross appeal was that the Tribunal failed to appreciate the issue pertaining to bonafide need of the premises to the landlord in correct prospective.
(3.) By the judgment dated 19.1.2010, learned Rent Appellate Tribunal accepted the appeal preferred by the tenant and rejected the cross appeal. A certificate was also issued accordingly. In the background aforesaid, this petition for writ is preferred to challenge the judgment and certificate dated 19.1.2010.;